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msha definition of a mine

02 12 2020

Section 111 of Title 18 of the United States Code makes it a federal crime to forcibly assault, resist, oppose, impede, intimidate or interfere with any person designated in Section 1114 of Title 18 while such person is engaged in, or on account of, the performance of his/her official duties. Facilities MSHA Form 5000-23 is deemed appropriate for certification for Annual Refresher, Experienced Miner, Hazard, New Task, and New Miner Training. I.3-2 Jurisdiction Over Mine Roads The accident may or may not be directly tied to any resulting injury. FALL OF FACE, RIB, SIDE OR HIGHWALL - Accidents in this classification include falls of material (from in-place) while barring down or placing props; also pressure bumps and bursts. Mine The criteria or factors listed below will be used for determining jurisdiction. According to 30 CFR § 46.2 (d), MSHA’s Definition of a Competent Person is: A person designated by the production-operator or independent contractor who has the ability, training, knowledge, or experience to provide training to miners in his or her area of expertise. operator. MSHA requires that every injury and illness must be reported to MSHA. MSHA will not inspect facilities where coal is prepared solely to facilitate loading and not to meet specifications or to render the coal for any particular use. If a car dropper suffers an injury as a result of falling from a moving car, charge the accident to haulage. In the case, the mine operator challenged MSHA’s imposition of a 103(k) order after a two-ton flyrock landed on residential property – even though there was no injury or death involved. The mine operator or contractor must complete the certificate with the name of the mine operator or contractor, MSHA ID number, mine or contractor specific information entered in the blank spaces provided with name of competent person(s), time, date of training, etc. No milling is involved, except for the use of a scalping screen to remove large rocks, wood and trash. § 803(d). FALL OF ROOF OR BACK - Underground accidents which include falls while barring down or placing props; also pressure bumps and bursts. MSHA's interpretation is that this requirement applies to full-time producing mines operating for the entire fiscal year period. These samples will be collected during the two annual surface mine/facilities inspections for each active sampling entity. Inspection requirements for previous inspection periods remain in effect. 103(a) Advance Notice Safety Training Videos MSHA has a library of training videos on safety topics ranging from conveyor safety to fall protection. INUNDATION - An unplanned inundation of a mine by a liquid or gas. The acronym MSHA can refer to: Maryland State Highway Administration, an agency of the Maryland Department of Transportation. MSHA policy requires the inspector to leave the scene where a confrontation appears to be developing into a situation where an apparent violation of Section 1114 or 111 is about to occur. HAND TOOLS - Accidents related to non-powered tools when being used as hand tools. The Technical Compliance and Investigation Divisions (TCID) are responsible for overall administration and management of the special investigations program. TCID has responsibility for the following sections of the Act: The special investigations program does not have responsibility for nor does it conduct internal investigations. Not included are accidents in which the motion of machinery or haulage equipment caused the fall either directly or by knocking out support; such accidents are classified as machinery or haulage, whichever is appropriate. If it is an imminent danger complaint, an inspector and a supervisor should again attempt to conduct the inspection. The material is used by the extracting party more for its bulk than its intrinsic qualities on land which is relatively near the borrow pit. this Manual in Volume III, Parts 45 and 50. Mine rescue teams compete in contests across the country to prepare themselves to operate effectively in a mine emergency. IMPOUNDMENT - An unstable condition at an impoundment, refuse pile, or culm bank which requires emergency action in order to prevent failure, or which causes individuals to evacuate an area. All types of The scalping screen can be either portable or stationary and is used to remove large rocks, wood, and trash. The owner, operator, or person in charge of any metal and nonmetal mine shall notify MSHA before starting operations, of the approximate or actual date mine operation will commence. An inspector may sign a check-in and check-out book located at the mine, provided that it does not involve release of liability. MSHA states it initially believed that definition provided a means for the “automatic inclusion” of new technology. MSHA and OSHA have entered into an agreement to delineate certain areas of inspection responsibility, to provide a procedure for determining general jurisdictional questions, and to provide for coordination between the two agencies in areas of mutual interest. The accident results from the action, motion, or failure of the hoisting equipment or mechanism. If a coal mine has an ongoing re-opening inspection under 303(x) of the Mine Act, the number of days from the start date to the end date of that inspection will be excluded from the calculation of the time available for a regular inspection. The accident must have been most directly caused by handling material. Mining Operations: mine development, drilling, blasting, extraction, milling, crushing, screening, or sizing of minerals at a mine; maintenance and repair of mining equipment; and associated haulage of materials within the mine from these activities. The district manager will notify the Technical Compliance and Investigations Office (TCIO) for further instructions. Looking for online definition of MSHA or what MSHA stands for? For intermittent surface mines, MSHA's policy requires one inspection a year. MSHA reviews and tests the operator's respirable dust control plan by taking samples in accordance with MSHA’s Health Inspection Procedures Handbook. The definition of "miner" does not include scientific workers: delivery workers; customers (including commercial over-the-road truck drivers), vendors, or visitors. Operations not functioning for the purpose of producing a mineral include, but are not limited to, the following: The question of jurisdiction in these and similar types of operations is contingent on the purpose and intent for which the facility is being developed. MSHA itself does not maintain records of the training, so it is up to the training recipient to maintain their training records. key cuts in dam construction (not on mining property or used in mining); When special preparations are needed during an inspection for an examination of a mine power system, it is permissible for the inspector to make arrangements for the inspection of the electrical system during scheduled down time. The classifications are listed in alphabetical order: ELECTRICAL - Accidents in which electric current is most directly responsible for the resulting accident. In order to avoid a confrontation, the inspector should inform the person(s) that an attack on an MSHA inspector is a federal crime, and that the person(s) may be subject to investigation and arrest by the FBI. MSHA's authority to assume jurisdiction of mine roads which pass through federal land administered by agencies that do not have responsibility for health and safety on those roads. Administered by the Mine Safety and Health Administration (MSHA), the Act affects miners and mine operators who work on mine property within the United States. However, there are limited occasions when advance notice is contemplated by the Act. When any mine is closed, the person in … an established mine are within the Act's scope. Investigation of discrimination complaints; 7. The presence of any of these factors should each weigh in favor of inclusion of the road under MSHA jurisdiction. Included are all electric and air-powered tools and mining machinery such as drills, tuggers, slushers, draglines, power shovels, loading machines, compressors, etc. A reasonable likelihood that the hazard contributed to will result in an injury; and A reasonable likelihood that the injury in question will be of a reasonably serious nature. Clearance and direction must be obtained from the inspector's supervisor before notice is given for investigative activities. Each underground coal mine operator develops a respirable dust control plan for maintaining compliance with the 2.0 milligram or lower standard. MSHA enforces requirements at over 13,000 mines in the United States, an… If it is necessary to interrupt an inspection for any cause, the inspector is permitted to inform the operator that the inspection is interrupted and will be resumed at the discretion of the inspector. I.103-1 Assaulting, Intimidating or Impeding In order to promote the consistent application and management of the program, TCID will develop statistical and management information based on special investigations activities in the field. . Special investigator (SI) credentials will be issued by the Assistant Secretary for MSHA to those persons who have completed the specified investigator training. and be dated and signed by the person responsible for training for the mine operator or contractor. independent contractors are found in Part 45 of Title 30 CFR. In January 1991, . In these operations, both milling and manufacturing occur. EXPLOSIVES AND BREAKING AGENTS - Accidents involving the detonation of manufactured explosives, Airdox, or Cardox, that can cause flying debris, concussive forces, or fumes. The Mine Act requires MSHA to inspect each surface mine at least 2 times a year and each underground mine at least 4 times a year. Obtaining information for petitions for modifications, etc. Pre-selected meeting sites should not reveal the specific areas to be inspected. MSHA Safety Training Requirements at a Surface Mine. English Wikipedia - The Free Encyclopedia . The accident classification identifies the circumstances which contributed most directly to the resulting accident. (US, mining) Acronym of Mine Safety and Health Administration. This course covers those common physical characteristics of surface mines. Also includes slips or falls while servicing or repairing equipment or machinery. I.3-4 Jurisdiction Over Coal Loading Section 103(a) of the Act requires a minimum of four inspections If Part 48, determine whether 24-hour (Surface) or 40-hour (Underground) New Miner Training is required. In addition, whether the scalping is located where the material is dug, or whether the user of the material from the pit is the owner of the pit or a purchaser of the material from the pit, does not change the character of the operation, as long as it meets the other criteria. U.S. Department of Labor | Mine Safety and Health Administration (MSHA) | 1100 Wilson Boulevard, 21st Floor | Arlington, VA 22209-3939. definition of "operator" to Not included are accidents in which the motion of machinery or haulage equipment caused the fall either directly or by knocking out support; such falls are classified as machinery or haulage, whichever is appropriate. Underground mines in an inspectable status for 45 days or more in a quarter require an inspection, and surface operations in an inspectable status for 90 days or more in a six month period require an inspection. This is a last resort category. Consistent with Section 103(a) of the Act, The Act does not prohibit advance notice of investigative activities (activities which are not direct enforcement activities). The Mine Safety and Health Administration (MSHA) (/ ˈɛmʃə /) is a large agency of the United States Department of Labor which administers the provisions of the Federal Mine Safety and Health Act of 1977 (Mine Act) to enforce compliance with mandatory safety and health standards as a means to eliminate fatal accidents, to reduce the frequency and severity of nonfatal accidents, to minimize health … In this case, where a representative of the miners or a miner gives notice of what he believes to be an imminent danger, the operator or his agent must be notified "forthwith." Once the plan is approved, inspectors measure the engineering parameters during each inspection to assure that all of the plan's elements are followed. If a roof fall results in an entrapment accident, the accident classification is �Entrapment. The mine may be either a surface or underground operation. include independent contractors. whether federal, state, county, or other, are included within the HOISTING - Damage to hoisting equipment in a shaft or slope which endangers an individual or interferes with use of the equipment for more than 30 minutes. Denial of "right of entry" for not signing a release shall be reported in accordance with Section 108 of the Act. For that reason, you must not associate the classification decision with any injury that may have resulted. A miner is a person, including any operator or supervisor, who works at a mine and who is engaged in mining operations. An inspector shall not sign a responsibility release form when entering a mine to perform his duties. MSHA is an agency in the Department of Labor and was created when Congress passed … The Act defines a miner as, "any individual working in coal or other mine" and a mine operator as "any owner, lessee, or other person who operates controls, or supervises a coal or other mine or any independent contractor performing service or construction at such mine". 103(a) Mandated Inspections Mining poses many hazards to workers, one of which is noise induced hearing loss (NIHL). Summary of MSHA Noise Guidelines. The laws and regulations of each agency are different. I.4-1 MSHA/OSHA Interagency Noise samples will be collected at locations in accordance with the Health Inspection Procedures Handbook. Agreement Included are exploding gasoline vapors, space heaters, or furnaces. MSHA does not have jurisdiction where a mineral is extracted incidental to the primary purpose of the activity. We have also learned that even with the development of modern rescue equipment and techniques, gaps still remain in our capabilities that could hamper or harm a successful mine rescue effort. The material may be in bags or boxes, or loose sand, coal, rock, timber, etc. MSHA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms MSHA is listed in the World's largest and most authoritative dictionary database of abbreviations and acronyms protectorates, or commonwealths, must be inspected. However, it is recognized that the normal progression of an inspection may reveal remaining areas to be inspected. FALLING, ROLLING, OR SLIDING ROCK OR MATERIAL OF ANY KIND -Injuries caused directly by falling material require great care in classification. Without the dozer, there would have been no resulting accident. MSHA stands for the Mine Safety and Health Administration. The notification shall include the mine name, location, the company name, mailing address, person in charge, and whether operations will be continuous or intermittent. If the status of a mine changes to abandoned, abandoned sealed, or temporarily idle before the end of the inspection period and remains in one of those statuses, no inspection is required. It is consistent with current policies and incorporates the requirements of all relevant Procedure Instruction Letters. Inspections and investigations under the Federal Mine Safety and Health Act of 1977 shall be conducted only by persons who have been authorized by the Secretary to conduct such inspections or investigations. It is a crime to assault, intimidate or impede MSHA employees who are assigned to perform investigative, inspection, or law enforcement functions. Mine Safety and Health Administration (MSHA) regulates the process of mining that employs approximately one safety inspector for every four coal-mines. Plants I.4-2 Jurisdiction Over Refractory Mills Afterwards, the inspector's supervisor should be contacted. IGNITION OR EXPLOSION OF GAS OR DUST - Accidents resulting as a consequence of the ignition or explosion of gas or dust. The inspector's authorization shall be available during inspections and investigations. term "mine" and includes Explanation of Material Transmitted This revised handbook was prepared to update MSHA’s coal mine impoundment inspection and plan review procedures for use by MSHA inspectors. While initially limited to certain areas of of the mining process, MSHA used several terms in the definition of a m The Mine Act Definition of an “OPERATOR” The Mine Act defines “operator ” to mean “any owner, lessee, or other person who operates, controls, or supervises a coal or other mine or any independent contractor performing services or construction at such mine.” 30 U.S.C. If the plan is not being followed, the appropriate citation/order is issued. See Part 50 in Volume III of this Manual. If an inspector encounters harassment or delays during a mine inspection, the inspector should attempt to complete the inspection without further provoking the operator. This definition shall include the operator if the operator works underground on a continuing, even if irregular basis. Miner: Any person who is engaged in mining operations (see definition below). MACHINERY - Accidents that result from the action or motion of machinery or from failure of component parts. All such operations located anywhere in Section 3(i) of the Act addresses jurisdiction over private or custom preparation plants and other related surface coal facilities not directly associated with a single mine or group of mines. the procedures for conducting the inspection of an underground mine in its entirety at least four times a year and a surface mine (including a facility)in its entirety at least twice a year are set forth in the respective General Inspection Procedures Handbooks for Coal and Metal and Nonmetal.

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